Professional Documents
Culture Documents
Our thanks are due to the members of the Working Group set up by the Commission to formulate the ‘Guidelines
for Eliminating Corporal Punishment in Schools’ under the chairpersonship of Ms Vimala Ramachandran. The
Commission acknowledges the rich contribution of Henri Tiphagne, Executive Director, People’s Watch, to
these Guidelines.
Our grateful thanks, also, to Ms Gunjan Wadhwa (Consultant, NCPCR) and to all the colleagues in the
Commission who have worked relentlessly on these Guidelines.
The prevalence of corporal punishment in schools and all other settings as a social norm goes on unquestioningly
causing untold harm to children. We hope that these Guidelines are adopted by all States enabling elimination
of corporal punishment in schools completely.
Contents
1 Introduction 4
5 Legal Basis 9
1 Introduction
1.1 Children are subject to corporal punishment in schools; institutions meant for care and protection of
children such as hostels, orphanages, ashram shalas, and juvenile homes; and even in the family setting.
A study ‘Child Abuse in India – 2007’, by the Ministry of Women and Child Development, Government
of India, found that 69% of children reported having been physically abused. Of these 54.68% were
boys. Incidents of having been abused in their family environment have been reported by 52.91% of
boys and 47.09% of girls. Of the children who were abused in family situations, 88.6% were abused by
their parents. Every two out of three school children reported facing corporal punishment. In juvenile
justice institutions, 70.21% of children in conflict with the law and 52.86% of children in need of care and
protection reported having been physically abused.
1.2 Documentary evidence points to the persistence of discrimination based on social, economic, linguistic
and religious identities inside the school. Discrimination based on disability and illness/disease has also
been reported.
1.3 It is also reported that psychological aggression (i.e., controlling or correcting behaviour that causes the
child to experience psychological pain) is more pervasive than spanking and physical punishment.
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Introduction
2.2 It is widely used by teachers and parents regardless of its evident lack of effectiveness, and potentially
deleterious side-effects. Its very ineffectiveness tends to result in an escalation spiral which then leads to
both a culture of rationalisation by those in authority and passive acceptance of the situation as evidence
of ‘caring’ by children.
2.3 So pervasive is the justification of corporal punishment that a child may not think her/his rights have been
infringed upon. Even if the punishment hurts, the child does not feel the importance of reporting the
incident.
2.4 Therefore there are layers of beliefs and practices that cloak corporal punishment under the guise of love,
care and protection, when it is actually an abuse of authority that harms the child. This follows from the
belief that those in whose care children are entrusted in school or other institutions are ‘in loco parentis’ and
will therefore always act in the interests of the child. This notion needs to be reviewed in the light of the
widespread violence that exists in all institutions occupied by children.
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Guidelines for Eliminating Corporal Punishment in Schools
Long-term Consequences
3 of Corporal Punishment
3.1 It is now globally recognised that punishment in any form or kind in school comes in the way of the
development of the full potential of children.
3.2 When adults use corporal punishment it teaches their children that hitting is an acceptable means
of dealing with conflict. The more children are hit, the more is the anger they report as adults and
consequently the more they hit their own children when they are parents, and the more likely they are
to approve of hitting.
3.3 Corporal punishment leads to adverse physical, psychological and educational outcomes – including increased
aggressive and destructive behaviour, increased disruptive behaviour in the classroom, vandalism, poor school
achievement, poor attention span, increased drop-out rate, school avoidance and school phobia, low self-
esteem, anxiety, somatic complaints, depression, suicide and retaliation against teachers – that emotionally
scar the children for life.
3.4 Children subjected to punishment prefer aggressive conflict resolution strategies with peers and siblings
and they do not consider it a violation of their rights.
3.5 There is an association between corporal punishment meted out to children and maladaptive behaviour
patterns in later life, such as aggression and delinquency.
3.6 The effects of various forms of mental harassment or psychological maltreatment have shown that
(a) combinations of verbal abuse and emotional neglect tend to produce the most powerfully negative
outcomes; (b) psychological maltreatment is a better predictor of detrimental developmental outcomes for
young children than the severity of physical injury experienced by them; (c) it is the indicator most related
to behaviour problems for children and adolescents; and (d) psychological abuse is a stronger predictor of
both depression and low self-esteem than physical abuse.
3.7 A chronic pattern of psychological maltreatment destroys a child’s sense of self and personal safety.
3.8 Subtle and overt forms of discrimination are also known to have a negative effect on the emotional and
intellectual health of children.
3.9 In recognition of the harmful consequences of corporal punishment on the child, the General Comment
on corporal punishment stated that, “There is no ambiguity: ‘all forms of physical or mental violence’ does
not leave room for any level of legalized violence against children. Corporal punishment and other cruel
or degrading forms of punishment are forms of violence and States must take all appropriate legislative,
administrative, social and educational measures to eliminate them.” [CRC, General Comment 8, p.6]
6
Introduction
4.2 Physical punishment is understood as any action that causes pain, hurt/injury and discomfort to a child,
however light. Examples of physical punishment include but are not restricted to the following:
4.2.1 Causing physical harm to children by hitting, kicking, scratching, pinching, biting, pulling the hair,
boxing ears, smacking, slapping, spanking or with any implement (cane, stick, shoe, chalk, dusters,
belt, whip, giving electric shock etc.);
4.2.2 Making children assume an uncomfortable position (standing on bench, standing against the wall in
a chair-like position, standing with schoolbag on head, holding ears through legs, kneeling etc.);
4.2.3 Forced ingestion of anything (for example: washing soap, mud, chalk, hot spices etc.);
4.2.4 Detention in the classroom, library, toilet or any closed space in the school.
4.3 Mental harassment is understood as any non-physical treatment that is detrimental to the academic and
psychological well-being of a child. It includes but is not restricted to the following:
4.3.1 Sarcasm that hurts or lowers the child’s dignity;
4.3.2 Calling names and scolding using humiliating adjectives, intimidation;
4.3.3 Using derogatory remarks for the child, including pinning of slogans;
4.3.4 Ridiculing the child with regard to her background or status or parental occupation or caste;
4.3.5 Ridiculing the child with regard to her health status or that of the family – especially HIV/AIDS
and tuberculosis;
4.3.6 Belittling a child in the classroom due to his/her inability to meet the teacher’s expectations of
academic achievement;
4.3.7 Punishing or disciplining a child not recognising that most children who perform poorly in
academics are actually children with special needs. Such children could have conditions like learning
disability, attention deficit hyperactivity disorder, mild developmental delay etc.;
4.3.8 Using punitive measures to correct a child and even labelling him/her as difficult; such as a child
with attention deficit hyperactivity disorder who may not only fare poorly in academics, but also
pose a problem in management of classroom behaviours;
4.3.9 ‘Shaming’ the child to motivate the child to improve his performance;
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Guidelines for Eliminating Corporal Punishment in Schools
4.3.10 Ridiculing a child with developmental problems such as learning difficulty or a speech disorder,
such as, stammering or speech articulation disorder.
4.4 Discrimination is understood as prejudiced views and behaviour towards any child because of her/his
caste/gender, occupation or region and non-payment of fees or for being a student admitted under the
25% reservation to disadvantaged groups or weaker sections of society under the RTE, 2009. It can be
latent; manifest; open or subtle. It includes but is not restricted to the following:
4.4.1 Bringing social attitudes and prejudices of the community into the school by using belittling
remarks against a specific social group or gender or ability/disability;
4.4.2 Assigning different duties and seating in schools based on caste, community or gender prejudices
(for example, cleaning of toilets assigned by caste; task of making tea assigned by gender);
admission through 25% reserved seats under the RTE; or non-payment of any prescribed fees;
4.4.3 Commenting on academic ability based on caste or community prejudices;
4.4.4 Denying mid-day meal or library books or uniforms or sports facilities to a child or group of
children based on caste, community, religion or gender;
4.4.5 Deliberate/wanton neglect.
4.5 The United Nations Committee on the Rights of the Child defines corporal punishment as follows:
The Committee defines “corporal” or “physical” punishment as any punishment in which physical force
is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting
(“smacking”, “slapping”, “spanking”) children, with the hand or with an implement – a whip, stick, belt,
shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children,
scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions,
burning, scalding or forced ingestion (for example, washing children’s mouths out with soap or forcing them
to swallow hot spices). In the view of the Committee, corporal punishment is invariably degrading.
In addition, there are other non-physical forms of punishment that are also cruel and degrading and thus
incompatible with the Convention. These include, for example, punishment which belittles, humiliates,
denigrates, scapegoats, threatens, scares or ridicules the child.1 [emphasis added]
4.6 The Committee also notes that corporal punishment can be inflicted in many contexts:
Corporal punishment and other cruel or degrading forms of punishment of children take place in many
settings, including within the home and family, in all forms of alternative care, schools and other educational
institutions and justice systems – both as a sentence of the courts and as a punishment within penal and
other institutions – in situations of child labour, and in the community.
This definition is a useful benchmark because it emphasises the various physical forms that corporal
punishment might take, and establishes that this full spectrum of physical punishment – even acts that
many consider ‘mild’ constitute corporal punishment. There is no threshold below which physical force
against a child is acceptable.
1
Committee on the Rights of the Child, General Comment No. 8, ‘The right of the child to protection from corporal punishment and other cruel or
degrading forms of punishment’ (Arts. 19; 28, Para 2; and 37, inter alia) (42nd session, 2006), UN Doc. CRC/C/GC/8 (2006).
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Definition of Corporal Punishment
5 Legal Basis
5.1 International Law
5.1.1 Article 28(2) of UN CRC requires the State parties to “take all appropriate measures to ensure
that school discipline is administered in a manner consistent with the child’s human dignity and in
conformity with the present Convention.”
5.1.2 Similarly, Article 29(1) (b) of the Convention emphasises that the “State parties agree that the
education of the child shall be directed to the development of respect for human rights and
fundamental freedoms, and for the principles enshrined in the Charter of the United Nations”.
5.1.3 Further, Article 37(a) of UN CRC requires States Parties to ensure that “no child shall be subjected
to torture or other cruel, inhuman or degrading treatment or punishment”.
5.1.4 This is complemented by Article 19(1) of the Convention, which requires States to–
“Take all appropriate legislative, administrative, social and educational measures to protect the
child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.”
Article 19(2) lays down that–
“Such protective measures should, as appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child and for those who have the care
of the child, as well as for other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child maltreatment described heretofore,
and, as appropriate, for judicial involvement.”
2
Unnikrishnan v. State of Andhra Pradesh, (1993) 1 SCC 645; M.C. Mehta v. State of Tamil Nadu & Ors, (1996) 6 SCC 756.
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Guidelines for Eliminating Corporal Punishment in Schools
5.2.3 Article 39(e) directs the State to work progressively to ensure that “… the tender age of children
are not abused”.
5.2.4 Article 39(f) directs the State to work progressively to ensure that “children are given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against exploitation and against moral and
material abandonment.”
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Legal Basis
17. Prohibition of physical punishment and mental harassment to child – (1) No child shall be subjected
to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action
under the service rules applicable to such person.
5.4.2 Sections 8 and 9 of the RTE Act place a duty on the appropriate Government and the local authority
to “ensure that the child belonging to weaker section and the child belonging to disadvantaged
group are not discriminated against and prevented from pursuing and completing elementary
education on any grounds”.
5.4.3 The RTE Act does not preclude the application of other legislation that relates to the violations
of the rights of the child, for example, booking the offenses under the IPC and the SC and ST
Prevention of Atrocities Act of 1989.
5.5 The Juvenile Justice (Care and Protection of Children) Act, 20003
The Juvenile Justice (Care and Protection of Children) Act, 2000 is an important statute that criminalises acts
that may cause a child mental or physical suffering.
5.5.1 Section 23 of the JJ Act, 2000 states as follows: “Whoever, having the actual charge of, or control
over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes
or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such
juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment
for a term which may extend to six months, or fine, or with both.”
5.5.2 Section 23 covers the actions of anyone who has “actual charge or control over” a child. While
Section 23 is likely to be applied most often to personnel in childcare institutions regulated by the
JJ Act, it arguably applies to cruelty by anyone in a position of authority over a child, which would
include parents, guardians, teachers and employers.
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Some Guidelines for Definition of Corporal Punishment
i. Not keeping to time and cleanliness regulations – e.g., late to school, not coming in
uniform etc.;
ii. Academic related issues – e.g., incomplete home assignment, below expected academic
performance, not taking a book to school, etc.;
iii. Not meeting classroom expectations of school authorities – e.g., inattentive, talking in class,
making noise in class, etc.;
iv. Troublesome behaviour – e.g., disturbing other children in class, lying, stealing etc.;
v. Offensive behaviour, causing hurt or injury to others – e.g., bullying, aggression towards peers,
stealing (violating rights of others), vandalising, etc.
7.1.2 Situations (i) to (iii) should be within the scope of the concerned teacher to ‘handle’.
7.1.3 For situations (iv) and (v) the school should have a clear protocol to guide teachers about which
situation needs assessment and intervention by a school counsellor and which one needs immediate
intimation to higher authorities at school and the parents. If an attempt at resolving the problem
is not satisfactory, parents could then be referred to a specialist (a child and adolescent psychiatrist
or a counsellor).
7.1.4 The child and adolescent psychiatrist or counsellor should help children learn behaviours that help
them develop a sense of self-discipline that leads to positive self-esteem. The school counsellor
should have the skills to build trust. He/she should have constant interaction with the child, his/
her parents and teachers for understanding the difficulties of the child. The parents should be
taken into confidence before sending a child to the counsellor. The school counsellor should
be allowed to hold workshops with the students in different classes from time to time without
the presence of teacher and staff. Besides having in-house counsellors, the students and their
parents should have the liberty to approach reputed counsellors/mental health professionals to be
empanelled by school. The school should also invite reputed mental health professionals to hold
workshops for its students and teachers.
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Guidelines for Eliminating Corporal Punishment in Schools
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Some Guidelines for Affirmative Action in Schools
(iv) If behaviour continues, take away privileges in consultation with the children (negative
reinforcement – this encourages the child to follow good behaviour to keep his privilege, therefore
it is not considered punishment)
♦♦ Do not give star/point/mark on his chart for the day or give negative point/marks
♦♦ Take away 15 minutes of any privilege time (child and teacher mutually agree) for recurrent
misbehaviours
♦♦ Discuss the consequences well ahead with children so that there is consensus regarding plan of
action when a particular behaviour occurs
♦♦ The negative reinforcement should be appropriate and fair
♦♦ It should be consistently employed
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Guidelines for Eliminating Corporal Punishment in Schools
7.3 Recognise that the child needs help and not punishment
7.3.1 Children’s temperament interacts with multiple environmental factors such as parenting style;
disciplinary patterns at home and school; stress such as marital disharmony, domestic violence,
etc. Many children are not ready or prepared for the demands of the school in terms of academics,
social and interpersonal relationships. It is therefore important to try and understand what could
be causing the behaviour as underlying emotional problems often result in disruptive behaviour
in children. It is also necessary to provide opportunities for children from different backgrounds
to learn psychosocial skills. When adults view problem behaviours of a child as a product of
interaction of various psycho-social and biological factors it helps to understand that the child
needs help rather than punishment.
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Some Guidelines for Affirmative Action in Schools
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Guidelines for Eliminating Corporal Punishment in Schools
his parents might punish him. Though in both these situations the child’s concern is genuine, the solution
he/she chooses only worsens the situation for him/her. It is therefore important for teachers to help the
children understand that such solutions are temporary and actually compound the problem, rather than
solving it. In the process of story-telling children are helped to focus on long-term consequences rather
than on immediate consequences and it assists them in generating a set of solutions which would be more
appropriate in such situations. Children should also be encouraged to take assistance from a trusted adult
when they are unable to decide.
Another important source of stress for children and teachers is examinations. As the focus is most often
on the outcome, i.e. the grades and marks, children often are not appreciated for the efforts. This results
in immense anxiety when children face exams, as they are worried about performance and outcome. It
is therefore important for teachers to appreciate children and help them focus more on the process of
preparation than the outcome. It would help students if a teacher facilitates a discussion on exam-related
stress well ahead of exams.
These are some of the techniques that have been discussed from a mental-health perspective to give
teachers a conceptual framework and empower them with some practical tips to follow and execute rules
and regulations. As school systems play an important role in the development of children it is important to
bring about a balance between positive engagement and managing children with difficult behaviours through
positive disciplining.
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Some Guidelines for Affirmative Action in Schools
7.8.7 Any instance of corporal punishment, mental harassment or discrimination should be dealt with
in a time-bound manner in such a way that implications for the child are minimised.
7.8.8 It should be the responsibility of all staff to create an environment free of all forms of fear,
trauma, prejudice and discrimination.
7.8.9 The treatment of the child in the school should be such that the child feels included and secure.
Counselling services for children should be made available.
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Guidelines for Eliminating Corporal Punishment in Schools
of Corporal Punishment’ should be stipulated as one of the conditions for withdrawal of recognition/
NOC given to any school by the State Government and also for affiliation given to a school by the
State Board. The State should frame appropriate rules and regulations concerning the recognition/
NOC in relation to the above. The rules should be reviewed by the State Government and necessary
amendments to this effect should be notified in a time-bound manner.
♦♦ When the frequency is more, involve family members who could supervise the student
♦♦ With adolescents, work through the frustration about not achieving the goal and how to achieve
it the next time
ii. Level 3: Not meeting classroom expectations of school authorities, e.g. inattentive, talking in class,
making noise in class, etc.
♦♦ Set limits (in a clear tone without being angry) for mutually agreed behaviour in class
♦♦ Strategies like seating in front to limit distractions, frequent one-to-one attention (every third
task), buddy support (seating with another child who is of low risk for such behaviour), etc.
should help younger children
♦♦ Try managing a problem with minimal disruption to other children
♦♦ A simple verbal warning e.g. just calling out the name of the child who is talking in the class or
♦♦ Use a time-out chair if behaviour continues, only if it has been discussed and agreed to by
the children
♦♦ Check for underlying causes such as learning difficulties, attention deficit and hyperactivity,
♦♦ Discuss the problem with parents, the efforts made and give them the choice of consultation
♦♦ Set clear limits and discuss the possible consequences of such behaviour
♦♦ Have a plan for dealing with violence that is also discussed with students
contd. ...
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Some Guidelines for Affirmative Action in Schools
♦♦ If the student regrets his action have the student visualise appropriate response to provocation
(other than aggression)
♦♦ Clarify if the behaviour is recent or longstanding
♦♦ Look for learning difficulty, underlying emotional disturbance/family situation that are
contributing to the problem or conduct disorder or refer to school counsellor for the same
♦♦ For behaviour such as engaging in fighting/lying, when occasional , give assignments on writing
down possible consequences of such behaviour, writing alternative solutions (with assistance
from parents), and possible ways of dealing with anger-provoking situations
♦♦ Involve parents early; explain what was tried at school and how this is affecting child’s
academic and social development and overall success. Prepare the parents before suggesting
consultation with a specialist for guidance as to how the problem behaviour could be tackled
by school authorities
♦♦ When the issue is serious or acute – such as, unprovoked aggression, vandalising, disrupting the
school routine – explain to the parents the need for immediate consultation with a child and
adolescent psychiatrist to prevent harm to the child and other children
♦♦ For truancy, have parents notify school when student leaves the house in the morning; check if
child is avoiding any test/class due to learning disability or fear
♦♦ Identify where school may contact the student if the student does not show up on time
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Guidelines for Eliminating Corporal Punishment in Schools
7.10 Guidelines for mechanisms and processes to give children a voice and engage in the
process of creating a positive environment – agency of children
7.10.1 A mechanism for children to express their grievances both in person and anonymously should be
provided. Drop boxes for complaints should be placed in the school and a mechanism should be
developed to address the same. Anonymity of the children/parents should be maintained while
sharing the details of the complaints/grievances with other agencies such as the media in order to
protect their privacy/confidentiality.
7.10.2 It is the responsibility of the school management to enable the formation of ‘class bal sabha’ so that
children of all ages can positively engage with democratic processes.
7.10.3 Among its various functions the student council should also decide on a set of codes and rules
that does not violate the rights of children and the right to education
7.10.4 Clear-cut protocols should be framed by the schools for redressing the grievances of the students
and/or parents.
7.10.5 The School Management Committee should constitute a Corporal Punishment Monitoring Cell
(CPMC) in each school to look into cases of corporal punishment. This committee should
consist of two teachers, two parents (elected by the parents), one doctor (where available),
one lawyer nominated by the District Legal Services Authority, one independent counsellor, an
independent child rights or woman rights activist of the local area (nominated by the District
Child Protection Society from a panel recommended by the local Tehsildar/BDO) and two
students who are also duly elected from a class which is not the highest class in the case of high
school and higher secondary school. The purpose is to ensure that students who are facing high
school finals or public examinations are not drawn into this process. For example, in a school
having classes up to 5 it can be 2 students from Class 5; in a school which has classes up to 8 it
can be 2 students from Class 8. However, in a school having classes up to Class 10, it has to be
2 students from Class 9 and not Class 10; and in a school having classes up to Class 12, it has
to be a student from Class 11.
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Some Guidelines for Affirmative Action in Schools
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Guidelines for Eliminating Corporal Punishment in Schools
Accountability and
8 Multi-sectoral Responsibility
8.1 The ‘right to remedy’ includes providing (a) equal and effective access to justice; (b) adequate, effective
and prompt reparation for the harm suffered; (c) access to relevant information concerning violations
and reparation mechanisms. Effective reparation should include restitution, compensation, rehabilitation,
satisfaction and guarantee of non-repetition. It is pertinent therefore that the State Governments which
have to ensure their State rules provide for better implementation of the RTE, 2009, make suitable legal
provisions for ‘effective reparation’ in cases of corporal punishment.
8.2 All educational institutions including schools and hostels, government as well as private, are custodians
of children during the time the children are on their premises. It is thus the responsibility of the
management/administration of the school/institution to ensure that children are safe from all forms of
violence, including corporal punishment. Therefore, along with the school teacher, warden or the staff
of the school/institution that has inflicted violence on the child, the management/administration of
the school/institution and their respective education administrators/managements at the higher levels
should also be held responsible.
8.3 In every case of violence against children the respective management/administration should conduct
an independent investigation, thus taking responsibility for what goes on in school/institution and not
rely simply on enquiries conducted by the school/institution. In any case of child abuse, if the parent
withdraws the case, the designated authority should take cognisance of the offence and proceed without
harming the child and taking strict action against the accused.
8.4 As required under Section 32(1) of the RTE Act, State Governments and UT Administrations should
designate appropriate ‘local authority’ and notify the same to all concerned for the purpose of redressing
the grievances relating to corporal punishment and discrimination. Such ‘local authority’ should be
a member of the District Child Protection Society (DCPS) which exists under the Integrated Child
Protection Scheme (ICPS) and is headed by the District Collector/Magistrate/Deputy Commissioner.
The DCPS should function as the District Level Committee for the purpose of corporal punishment under
the Chairpersonship of the District Collector/Magistrate/Deputy Commissioner and the concerned
Sub-divisional Magistrate (SDM) should be its ex officio Member Secretary/Convener. The District
Collector/Magistrate/Deputy Commissioner should receive the complaints of physical punishment,
mental harassment and discrimination in schools and get these redressed within a reasonable timeframe.
It should also be his responsibility to take suo motu cognisance of grave cases of corporal punishment
and to take remedial measures as per law expeditiously.
8.5 Immediately upon being informed about the occurrence of a case of corporal punishment, it should be
the duty of the SDM concerned to immediately ensure that the CPMC undertakes a preliminary fact-
finding exercise as mentioned in clauses in the previous paragraphs of these Guidelines.
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Accountability and Multi-sectoral Responsibility
8.6 In a matter where a child while in school suffers from corporal punishment, resulting in death (homicide
or suicide), sexual abuse or serious/grievous mental or physical injury, the SDM concerned should rush
to the school as soon as he comes to know about the incident and get the preliminary enquiry organised
immediately under his direct supervision. He should ensure that the preliminary enquiry is completed
within 7-10 days.
8.8 As soon as the preliminary enquiry report of the CPMC is made available to the designated SDM, he/
she should independently assess the report and verify the facts, wherever he/she has doubt. If he/she is
convinced that a prima facie case exists then, speedily and without any delay whatsoever prefer a complaint
in writing to the local police station at the earliest but not later than one month from the date of the
incident, asking them to set the process of law in motion.
8.9 In all complaints of corporal punishment preferred by the concerned SDM, it should be the duty of the
Station House Officer/Police Station in-Charge to immediately register it as First Information Report
(FIR) and forward a copy of the same to the concerned SDM, CPMC and the school management
and the parents/guardian of the affected child forthwith. He should ensure that all relevant penal
provisions are reflected in the FIR, including that of IPC, the Juvenile Justice (Care and Protection of
Children) Act, 2000 and corresponding Rules, the Protection of Civil Rights Act 1955, and the SC/ST
(Prevention of Atrocities) Act, 1989 and corresponding Rules.
8.10 Thereafter, the case should be entrusted to the Child Welfare Officer (CWO) of the local police station
to take it to logical conclusion from the police side. He should immediately proceed in apprehending
the accused in cognisable offences and complete his/her investigation within a reasonable timeframe.
He should file the charge-sheet in the court of the concerned magistrate with a copy of the same being
endorsed to the concerned SDM within a reasonable timeframe but preferably within 3 months from
the date of registration of FIR. He/she should ensure that, irrespective of the gravity of the alleged
offence(s), no child/teacher/staff/parent witness from the school or the neighbourhood who has
sufficient knowledge of the incident are examined in the police station for the purpose of investigation.
His interaction with the children in the school or neighbourhood should be in a non-intimidating manner
and should be in the presence of their parents and the legal aid member of the concerned CPMC.
8.11 It should be the responsibility of the legal-aid member of the CPMC from the District Legal Aid
Services Authority (nominated by its Member Secretary) to provide free and effective legal aid from
beginning to end to a child victim of corporal punishment and his parents connected thereto, wherever
parents are not able to engage a lawyer on their own.
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Guidelines for Eliminating Corporal Punishment in Schools
8.12 The SDM and CWO should always take special care to ensure that the head of the school or the school
management or teachers’ associations/unions, directly or indirectly, do not attempt to tamper with the
witnesses in any manner whatsoever.
8.13 The concerned CPMC and SDM should ensure that priority is accorded in the entire process to the
victim child and her/his safety and both physical and mental health. Hence, if the child needs to be
rushed to a hospital they may take care to do so without any delay, or if the services of a professional
psychiatrist or psychologist or child counsellor are required, these should be arranged at Government
expense in the case of government schools. For all aided or private schools the local educational
authority should organise the same at the expense of the private management.
8.14 Once the enquiry by the SDM is complete, he should recommend through the Collector to the State
Government for paying adequate compensation to the child victim or his family in light of the gravity
of the case within a definite timeframe. The same may be recovered by the government from the school
in due course.
8.15 The SDM concerned should also send a copy of his enquiry report to the Director (School Education) with
his recommendation for disciplinary action against the teacher/principal/non-teaching staff of the school
concerned (wherever applicable). In cases, where the report of the SDM reveals that there is a clear case
made out against the teacher/head/staff, proper disciplinary action as per law/rules should be initiated by the
Director (School Education) and appropriate actions should be taken within a reasonable timeframe.
8.16 The Director (School Education) should also take into account the record of the school concerned regarding
corporal punishment, while renewing its recognition and/or giving NOC to it to open a new branch.
8.17 For having timely assistance, the District Level Committee on Corporal Punishment under the
Chairpersonship of the District Collector/Magistrate/Deputy Commissioner should maintain (in
updated manner) a list of required professionals, such as doctors, counsellors, psychologists, criminal
lawyers, child rights/women rights activists (sub-district wise). Orientation programmes for such
empanelled professionals on the issues relating to corporal punishment should be organised from time
to time by the District Level Committee. The School Education Department should make a provision
in its budget and place the same at the disposal of the District Magistrate for the purpose of paying
honorarium to them on a case-to-case basis, as well as for meeting the training/orientation/sensitisation/
publicity/public awareness programme expenses.
8.18 The SDMs should keep the District Collectors/Magistrates (as the Chairperson of the District Level
Committee on Corporal Punishment) informed about the developments in the cases of corporal
punishment within their jurisdiction once in 3 months in the format that should be prescribed by the
Directorate of School Education or the District Magistrate.
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Accountability and Multi-sectoral Responsibility
8.19 The District Collectors/Magistrates should periodically, but at least once in 3 months, hold the meeting
of the District Level Committee on corporal punishment to assess the situation of corporal punishment
in the District so as to take remedial measures.
8.20 It should be made the responsibility of the Director (School Education) of the State Governments/
UT Administrations as the State Level Nodal Officer to ensure that the above guidelines are widely
known to all concerned and implemented in letter and spirit.
8.21 All the School Education Boards, including ICSE, CBSE and State Boards should take suo motu cognisance
of the incidents of corporal punishment in the schools affiliated to them and to get the same inquired
into within a reasonable timeframe. The School Boards should maintain a multi-disciplinary panel of
professionals (State-wise) for the purpose of independent enquiry. They should constitute a Grievance
Redressal Cell to receive complaints of corporal punishment and to take appropriate actions in such
matters expeditiously. These Cells should also work out strategies for preventing such incidents in schools
affiliated to them. One such strategy should be to ask the affiliated schools to organise sensitisation/
orientation programmes for teachers on corporal punishment issues from time to time. These Cells
should also suitably advise the said Boards in addressing the issue from a larger perspective.
8.22 The School Boards should issue Guidelines to the schools affiliated to them, stipulating that ‘corporal
punishment-free environment’ would be one of the conditions for granting affiliation/recognition/NOC to
them. Similarly, they should also stipulate that ‘practice of physical punishment/mental harassment’
would be one of the grounds for withdrawal of affiliation/recognition/NOC granted to them.
8.23 The School Boards should also issue instructions immediately to all schools affiliated to them to abide
by the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 as well
as the Rules and Guidelines framed/issued/notified thereunder. They should have a test check in this
regard once in a year. The Department of School Education and Literacy in the Ministry of Human
Resource Development (MHRD) should get the compliance level in this regard evaluated through
NUEPA once in a year and the findings should be shared with NCPCR.
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Guidelines for Eliminating Corporal Punishment in Schools
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